A Wisconsin criminal defense attorney has filed a lawsuit against the Department of Homeland Security for denying his Chinese fiancée a K1 visa, which allows fiances to live in the US with their significant other with the caveat that they must marry within 90 days.
The attorney, Christopher Carson, initially filed the K1 petition with US Citizenship and Immigration Services and received the green light to move forward.
But a month later, a consular officer in China who interviewed Carson’s fiancée denied the visa on the grounds that it was not a legitimate relationship.
“You don’t need to keep out a Chinese lady who works for the Justice Department and a veteran criminal defense attorney from marrying,” Carson said. “Let’s keep out people who possibly terrorists, criminals.”
According to expert Thailand family lawyer Jitsopin Narasettapong, K1 visa requirements are often very strict and unforgiving and consular officials have a lot of discretion at their disposal to deny petitions.
“The petitioner must be able to prove many things without a doubt, including that he or she can financially support the fiance as well as that the relationship is ‘bona fide'”, said Narasettapong.
Carson’s lawsuit states that the US immigration services should reaffirm its previous approval of the K1 petition.
Read the full story here.
{ 0 comments… add one now }